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July 21, 1970

To: AGE 60 CLUB FRIENDS AND SUPPORTERS

From:  WAYNE J. SMITH, WASHINGTON REPRESENTATIVE

IN THE THICK OF IT!

Our Age 60 fight--to repeal the highly discriminatory Quesada Rule that cancels your professional life when you turn 60--is now in the courts! Since we filed suit against the Secretary of Transportation and Federal Aviation Administrator, three important legal developments have occurred:

1. Interrogatories have been filed by the Department of Justice and subsequently answered by Captains Outland, Rogers, and Latimer;

2. Points and Authorities in Support of Defendant's Motion to Dismiss or in the Alternative for Summary Judgement was filed by the Department of Justice;

3. Defendant's Motion to Dismiss or in the Alternative for Summary Judgement was filed by the Department of Justice supported by Affidavits from James F. Rudolph, FAA Director of Flight Standards Service; Stanley R. Mohler, M.D., Chief of FAA Aeromedical Applications Division; John Shaffer, Administrator of FAA; Peter Siegel, FAA Federal Air Surgeon with attached 60 page Report by Dr. R. L. Bohannon entitled, "A Review of the Current Status of the Field of Aging with reference to the "Age Sixty" Rule.**

In Layman's terms the government is alleging, through these motions and affidavits, that there are no material issues of fact that we are entitled to judgment of as a matter of law because they feel a reasonable basis exists for the continued existence of the Quesada Rule. They further argue that the Court lacks jurisdiction over this case because they feel we have failed to exhaust administrative remedies. In addition, they argue that the "Age 60 Rule" was a lawful exercise of the Statutory Authority of the FAA Administrator. These are their basic reasons for seeking dismissal of our case. However, our legal talents--which have recently been joined by Mr. Lee Bailey's brother, Bill--will shortly be filing counter motions to dismiss those outlined above that were filed by the Justice Department.

So, "Hang in there" as they say. The battle has just begun to get hot and the key word of the moment is SUPPORT--and we need support from the age 60'ers now more than ever!

** For anyone interested in obtaining a copy of this detailed report, please send a note requesting same along with a check for $7.00 to cover reproduction costs and mailing to: Mr. Wayne J. Smith, 201 Massachusetts Avenue, N.E., Washington, D.C. 20002

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